[2024] KEHC 8504 (KLR)
The court found that the appellant had failed to file the record of appeal or take any steps to prosecute the appeal for over three years, despite being given multiple opportunities and clear directions by the court. No explanation or justification was provided for the delay. The court held that such inaction...
Source-derived case information.
- Citation
- [2024] KEHC 8504 (KLR)
- Parties
- Appellant: Republic; Respondent: Kang Jonathan Inchoong; Respondent: Paul Misori
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 153 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution.
- Judges
- DR Kavedza
- Legal Topics
- Appeal Dismissal, Want of Prosecution, Failure to Prosecute, Record of Appeal, Acquittal Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Kang Jonathan Inchoong
Respondent
Paul Misori
Respondent
Procedural Posture
Criminal Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to file the record of appeal within the stipulated time.
- 2 Whether sufficient opportunity was given to the appellant to comply with court directions.
Ratio Decidendi
The court found that the appellant had failed to file the record of appeal or take any steps to prosecute the appeal for over three years, despite being given multiple opportunities and clear directions by the court. No explanation or justification was provided for the delay. The court held that such inaction amounted to want of prosecution and, in the interests of justice and efficient administration of the court's business, the appeal was dismissed. The court emphasized that parties must diligently prosecute their cases and comply with court directions, failing which the court is entitled to dismiss the matter to prevent undue delay and prejudice to the respondents.
Court Disposition
Appeal dismissed for want of prosecution.
Orders
- The appeal is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Inchoong & another (Criminal Appeal 153 of 2024) [2024] KEHC 8504 (KLR) (15 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8504 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 153 of 2024
DR Kavedza, J
July 15, 2024
Between
Republic
Appellant
and
Kang Jonathan Inchoong
1st Respondent
Paul Misori
2nd Respondent
Ruling
1. The appellant(state) filed the present appeal challenging the decision of the trial court in acquitting the respondents in Kibera Criminal case no. 1301 of 2018. In the petition of appeal dated 25th September 2019, the appellant challenged the decision of the acquittal of the respondents by the trial court.
2. The matter came up for directions on 4th December 2023. Its was noted that the appellant had not filed their record of appeal despite having over 3 years to do so. A further mention date of 5th February 2024 was issued to enable the appellant comply. On 5th February 2024 and 19th March 2024 the appellant failed to comply.
3. On 15th July 2024, when the matter came up, the appellant did not give a reason why their appeal had not been canvassed despite being given sufficient time to do so.
4. The application is consequently dismissed for want of prosecution.
Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 15TH DAY OF JULY 2024D. KAVEDZAJUDGE